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What is an Easement?

An easement is the permission to use a portion of another’s property for a specified use. There are many types of easements used for several different purposes.

Prescriptive Easement

With a prescriptive easement a property owner gives the right to use the portion of his or her land described in the easement, to someone else, without giving up ownership of that property. The owner is giving up the use of this specific portion of land but still retains ownership rights to the land. This type of easement can be a solution to a neighbor’s encroachment onto your property. You can allow them to use that portion of the land (for their yard, driveway etc.) without giving them ownership of the land and thus changing the size of your property.

Access Easements

An access (or ingress/egress) easement is a specific prescriptive easement that allows another party to use a portion of land for the purpose of traveling to and from their property or to give the public access to an area that is accessed by crossing your property. This type of easement usually includes the right to construct a road, driveway or walkway with the easement.

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